JURIDICAL REVIEW OF ELECTRONIC LAND CERTIFICATES AS EVIDENCE OF LAND OWNERSHIP IN INDONESIA

TINJAUAN YURIDIS SERTIFIKAT TANAH ELEKTRONIK SEBAGAI BUKTI KEPEMILIKAN TANAH DI INDONESIA

Abstract

The issue of land ownership proof in Indonesia has prompted the government to continually innovate in order to realize e-government programs. One such innovation involves the transformation of analog certificates into electronic certificates, as stipulated in the Minister of ATR/BPN Regulation of 2021 on electronic certificates. The objective of this research is to understand the evidentiary strength of electronic certificates and the legal certainty they provide. The study employs a normative method with an approach to the concepts and legal regulations involved. Secondary data sources are utilized, involving primary legal materials and supporting legal documents. The findings of this study focus on the evidentiary tools used to prove land ownership in Indonesia, particularly in the context of legal certainty related to electronic certificates within Indonesian positive law. The research refers to Law Number 11 of 2008 concerning electronic information and transactions, which states that evidence can take electronic forms. The status of electronic certificates as authentic proof regarding the control of land rights is considered an extension of documentary evidence, in accordance with the provisions of Article 1866 of the Civil Code (Kitab Undang-Undang Hukum Perdata or KUHPerdata) and the Electronic Information and Transactions Law (UU ITE).

Keywords: Electronic Certificate, Legal Certainty, Land, Ownership, Proof.